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Calcutta High CourtCRM (A)/5459/2023dismissed as rejected

Bishwashwar Bishai @ Bishwasar Bishya v. The State Of West Bengal

2024-02-02Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

02.02.2024 Serial no. ML 736 Anticipatory bail [Rejected] Dd CRM (A) 5459 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bagnan Police Station Case No. 30 of 2022 dated 23.01.2022 under Sections 498A/306/34 of the Indian Penal Code, 1860.

-AndIn the matter of : Bishwashwar Bishai @ Bishwasar Bishya ... ...Petitioner Mr. Amal Krishna Samanta, Mr. Arka Kr. Das, Advocates ... ... For the Petitioner Ms. Rituparna De Ghose, Advocate ... ...For the State There is an issue of long absconsion of the petitioner. The police case is dated January 23, 2022. Co-accused was enlarged on anticipatory bail by the order dated August 3, 2022 passed in CRM (A) 3692 of 2022.

In view of the long absconsion of the petitioner, we are unable to find the petitioner to be similarly circumstanced as that of the other co-accused.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 5459 of 2023 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)